An Aboriginal senior executive has today disclosed that the ACT Public Service (ACTPS) is the most culturally unsafe workplace he has ever experienced. The head of the Office of Aboriginal and Torres Strait Islander Affairs, Kamilaroi/Gomeroi man Brendan Moyle, was asked by independent MLA Fiona Carrick during a public hearing whether he felt culturally safe in his workplace. Mr Moyle responded, “No.” 

When asked to extrapolate on his answer, Mr Moyle said, “I’ve had a very long career in Aboriginal and Torres Strait Islander affairs. I have never experienced the level of lack of cultural safety as I’ve experienced here.” 

The disclosure came during public hearings for an inquiry into a Private Member’s Bill brought by independent MLA Thomas Emerson that seeks to improve cultural capability and cultural safety within the ACTPS. 

Mr Moyle also indicated that current efforts to support Aboriginal and Torres Strait Islander staff are inadequate. He said, “Cultural support is one thing, but if the situation doesn't change, the circumstances that have actually been created [meet] the definition of systemic discrimination as contained under the National Agreement or as aligned to the National Agreement, and as advocated by the Human Rights Commission. So if the system doesn't change, then you can put the bandaids over, but the wound doesn't get repaired.”

Mr Emerson’s Closing the Gap Bill would impose a legal obligation on senior government officials to promote cultural safety for Aboriginal and Torres Strait Islander people, to develop cultural capability, to work to eliminate institutional racism, and to implement the principles of the National Agreement on Closing the Gap.

The Bill has received resounding public support since it was introduced. An open letter calling on the Assembly to pass the Bill was signed by 38 community leaders including members of the Aboriginal and Torres Strait Islander Elected Body, representatives of Aboriginal community-controlled organisations, two former ACT Chief Ministers, and independent ACT Senator David Pocock.

16 local First Nations leaders also made a joint submission in support of the Bill. It said, “[the Government’s] lack of accountability has created a cycle of delay and excuse: government can acknowledge commitments, promise reviews, and then move on without delivering change. This legislative gap is what the Public Sector (Closing the Gap) Legislation Amendment Bill 2025 seeks to address.” 

Former ACT Person of the Year and Wiradjuri woman Katrina Fanning also appeared as a witness during the hearing and commented on the personal toll of the ACT Government’s failures to implement the National Agreement, saying, “I’m heartbroken. Heartbroken that the city I’ve defended and believed in — the city that stood for equality when others wouldn’t — still can’t deliver equality for its First People.”

Passing the Bill would implement two key recommendations from the Australian Government Productivity Commission’s February 2024 review of the National Agreement, which have already been agreed to by the ACT Government. The  Productivity Commission made a submission into the inquiry supporting the Bill.

Despite the Bill being introduced to the Assembly more than three months ago, the ACT Government’s submission calls for debate on the Bill to be deferred to provide further time to prepare amendments.

Mr Emerson said that it was disappointing that the Government had pushed for an inquiry into the Bill, and then called for debate to be deferred, given the significant level of community support for the Bill and the fact that it implements recommendations the Government has already agreed to.

“We can’t keep kicking this can further down the road,” said Mr Emerson.

”The National Agreement on Closing the Gap was signed five years ago, yet Aboriginal and Torres Strait Islander people in the so-called most progressive jurisdiction in the country continue to experience immense disadvantage. The ACT’s statistics are disgraceful. That won’t change until we legislate genuine accountability.

"It was deeply concerning to hear about Mr Moyle's experience as the head of the ACT Office of Aboriginal and Torres Strait Islander Affairs. The system is clearly failing. We need to do better."

Media Contact

Will Devine | [email protected] | 0402 183 296

Background

A summary of the Bill can be found on Mr Emerson’s website here, and his submission provides further background. The full hearing can be viewed here.